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UNITED STATES v. ROSENBERG

September 21, 1942

UNITED STATES
v.
ROSENBERG et al.



The opinion of the court was delivered by: CAMPBELL

CAMPBELL, District Judge.

This case comes before this Court on two exactly similar motions, and proposed demurrers, but made on behalf of different defendants, by defendants' attorneys, and were argued together, and one opinion will suffice.

The defendants, Josef Rosenberg, samuel Freier, Fereno Weisz, Ernest Weisz, and Irene Weisz, move for leave to withdraw their pleas of not guilty, heretofore interposed by them to the indictment herein, and to substitute in place and stead thereof, a demurrer in the form suggested.

 Permission to withdraw pleas, and file proposed demurrers, is granted, and I will consider the demurrers submitted.

 The indictment contains but one count and charges the above named defendants with other defendants, and with persons named but not indicted with conspiracy to commit an offense against the United States, towit: to violate Section 701, Title 50, U.S.C.A.Appendix.

 The demurrers, in substance, read as follows:

 1. That Title 50, United States Code Annotated Appendix Section 701, is unconstitutional, in that Congress has unlawfully and illegally delegated its legislative powers to the President of the United States.

 2. That the proclamation of the President made on July 2nd, 1940, pursuant to the aforesaid statute and the regulations promulgated by executive order on the same day are null and void.

 3. That the proclamation and regulations of the President, especially in respect to the part referred to as "platinum group metals" is void for indefiniteness and uncertainty.

 4. That the indictment is duplicitious.

 5. That the indictment does not state a crime in that

 a. Title 18, United States Code Annotated, Section 88, contains no provision making it illegal to conspire to violate a proclamation or regulation.

 b. Title 50, United States Code Annotated Appendix, Section 701, does not extend beyond June 30, 1942, in that the indictment does not allege that Congress has extended this authority beyond June 30, 1942.

 c. The indictment does not set forth sufficient facts to constitute a conspiracy to violate Title 50, United States Code ...


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